Excerpt: ... of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) A subpoena for a deposition of a non-party is enforceable by a motion to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attend...

Excerpt: ...d in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly….” (Code Civ. Proc. § 474.) “‘The phrase “ignorant of the name of a defendant” is broadly interpreted to mean not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant.” [Citations.] ‘“[T]he relevant inquiry when the ...

Excerpt: ...nable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to ju...

Excerpt: ... interrogatories (set two), and supplemental request for production of documents (set two) are GRANTED. Plaintiff Jocelyn Candell is ordered to provide full and complete answers without objections to the outstanding discovery within 30 days of this order. Defendant's request for sanctions is GRANTED. Plaintiff Jocelyn Candell and counsel of record Hess D. Panah & Associates are ordered to pay sanctions in the amount of $780.51, jointly and severa...

Excerpt: ...ding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Addit...

Excerpt: ...ation. Legal Standard A written agreement to submit to arbitration, a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Code Civ. Proc., § 1281.) California has a strong public policy in favor of arbitration. (Moncharsh v. Heily & Blase´ (1992) 3 Cal.4th 1, 9.) On petition of a party to an arbitration agreement alleging the existence of a written agreement ...

Excerpt: ...D. Plaintiff Oscar Villalobos is ordered to provide full and complete answers to the outstanding discovery within 30 days of this order. Defendant's request for sanctions is GRANTED. Plaintiff Oscar Villalobos and his attorney of record are ordered to pay $550 in sanctions within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may ...

Excerpt: ...ut any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicia...

Excerpt: ...unsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. ...

Excerpt: ...this order. The request for sanctions is GRANTED. Plaintiff and counsel of record Christopher Mesaros are ordered to pay monetary sanctions in the amount of $997.90, jointly and severally, within 30 days of this order. Legal Standard Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an obje...

Excerpt: ...on for motor vehicle negligence, stemming from a vehicle collision that occurred on June 2, 2018. On July 11, 2022, Defendants filed these motions to compel verified responses to form interrogatories (set one), special interrogatories (set one), and request for production of documents (set one) and requested sanctions. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...

Excerpt: ...quires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings in a motion for summary...

Excerpt: ...he following rules apply: (a)¿The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following co...

Excerpt: ... receive the fee of $2,000 per hour for deposition. Legal Standard A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430(b).) If the party seeking to the take the deposition of an expert witness deems the hourly or daily fee of that expert to be unreasonable, that party may move for an order setting the compensation rate and notice of th...

Excerpt: ...ay obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CC...

Excerpt: ...n of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the tri...

Excerpt: ...ry dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of l...

Excerpt: ...s OVERRULED. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...

Excerpt: ...expert witness declaration or failure to adequately disclose the expert's expected testimony may result in the exclusion of expert opinion. (Ochoa v. Dorado (2014) 228 Cal.App.4th 120, 139.) Section 2034.300 “empowers the court to exclude the expert opinion of any witness offered by a party who has unreasonably failed to produce expert reports and writings as required by section 2034.270. (§ 2034.300, subd. (c).) ... [A] party who fails to [co...

Excerpt: ... court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967 [...

Excerpt: ...Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Heal...

Excerpt: ...the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Mano...

Excerpt: ...iberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian...

Excerpt: ... under CCP section 877.6 is not opposed, the burden on the moving parties to show that the settlement was made in good faith is slight. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261 (holding that a barebones motion including a declaration setting forth a brief background is sufficient). However, when the motion is contested, then the moving parties must make a sufficient showing in the moving papers or in the reply pap...

Excerpt: ...a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: 1) the document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the exten...

Excerpt: ...dication as to one or more causes of action within an action, one or more affirmative defenses, one or more claim for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the pla...

Excerpt: ...ugh disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite dil...

Excerpt: ...ers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via p...

Excerpt: ... opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no t...

Excerpt: ...sed in this order. Accordingly, Plaintiff's motion is GRANTED in part and DENIED in part. The request for sanctions is GRANTED. Defendant Susan Haruko Kanegawa and counsel of record Jack M. Liebhaber are ordered to pay sanctions to Plaintiff in the amount of $810 with 30 days of this order. Legal Standard When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or oth...

Excerpt: ...35.5(a).) Discussion As an initial matter, Plaintiffs argue that Defendant filed their motion to strike 8 days after the deadline to file and serve a responsive pleading. However, as the motion to strike has been fully briefed by both parties, the Court finds that any potential minor delay in filing the motion would have been de minimis and would not have affected the substantial rights of Plaintiffs. The Court further has the discretion to treat...

Excerpt: ...may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ...

Excerpt: ...n.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to¿CCP¿section 2024.050.¿ (Code Civ. Proc., § 2024.020(b);¿Pelton‐Shepherd Industries, Inc. v. Delta Packaging Products, Inc.¿(2008) 165 Cal.App.4th 1568.)¿¿CCP¿section 2024.050 provides that “[o]n¿motion of any party,...

Excerpt: ...nd counsel of record Kevin P. McNamara are ordered to pay monetary sanctions in the amount of $661.65, jointly and severally, within 30 days of this order. Legal Standard CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid...

Excerpt: ...earing indicating whether Plaintiff has appeared for deposition. Defendants' request for sanctions is GRANTED. Plaintiff Elmer Lopez and counsel of record D. Hess Panah are ordered to pay monetary sanctions to Defendants in the amount of $630, jointly and severally, within 30 days of this order. Legal Standard CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, af...

Excerpt: ...ings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that the...

Excerpt: ... the motion and enter an order for reclassification only if both of the following conditions are satisfied: (1) the case is incorrectly classified. (2) the moving party shows good cause for not seeking reclassification earlier.” Cal. Code Civ. Proc. § 403.040(b). The court can transfer an action to limited jurisdiction if “it becomes clear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount...

Excerpt: ...pert designation and to exclude defendants' expert Edmond Provder from testifying at trial is DENIED. Defendants Salvador Gallegos and Fastenal Company's motion to continue trial and extend their expert discovery cutoff date is GRANTED. Trial is continued to January 9, 2023. Legal Standard CCP § 2034.300 requires the Court to, on objection of any party who has made a complete and timely compliance with Section 2034.260, “exclude from evidence ...

Excerpt: ...il Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a mo...

Excerpt: ...is GRANTED. Claimant Diane Rodriguez is ordered to pay monetary sanctions to Petitioner in the amount of $461.65 within 30 days of this order. Legal Standard Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection i...

Excerpt: ...rt may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendm...

Excerpt: ... any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged . . .; [and] (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor . . . .” (11 U.S.C. § 524(a).) However, the “discharge of a debt of the debtor ...

Excerpt: .... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp....

Excerpt: ... an expert witness deems the hourly or daily fee of that expert to be unreasonable, that party may move for an order setting the compensation rate and notice of the motion shall be given to the expert. (Code of Civ. Proc., § 2034.470(a).) The notice shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code of Civ. Proc., § 2034.470(b).) In any attempt at informal resolution, either the party or ...

Excerpt: .... Proc., §§ 2032.310(c), 2032.320(a).)¿¿¿ ¿ The motion must state the time, place, identity and specialty of the examiner, and the "manner, conditions, scope and nature of the examination."¿(Code Civ. Proc., § 2032.310(b).) “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nat...

Excerpt: ...the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Whether t...

Excerpt: ...ses. (Code Civ. Proc. § 430.20.) “Where matters are not responsive to essential allegations of the complaint, they must be raised in the answer as ‘new matter.' . . . Such ‘new matter' is also known as ‘an affirmative defense.'” (Department of Finance v. City of Merced (2019) 33 Cal.App.5th 286, 294 [citations omitted].) Under California Code of Civil procedure section 431.30, subdivision (g), every affirmative defense “shall be sepa...

Excerpt: ...nd (4) a citation issued to Guerrero by City police regarding Duke. The request is GRANTED pursuant to Evidence Code section 452(c). Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228....

Excerpt: ...the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”�...

Excerpt: ...y of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. Cal. Code Civ. Proc., § 2020.020. Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so s...

Excerpt: ...0 days from this order at a mutually convenient date. Legal Standard C.C.P. §2032.220(a) provides, as follows: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is condu...

Excerpt: ...lifornia courts may exercise personal jurisdiction on any basis consistent with the Constitutions of California and the United States. (Civ. Proc. Code, § 410.10.) “When a defendant moves the trial court to quash service of summons for lack of personal jurisdiction, the plaintiff has the initial burden of proving that sufficient contacts exist between the defendant and California to justify the exercise of personal jurisdiction.” (Malone v. ...

Excerpt: ...dant Giuseppe Losavio. Defendant's requests for sanctions are GRANTED. Defendant Giuseppe Losavio and attorney of record Maryam Danishwar are ordered to pay monetary sanctions in the amount of $560, jointly and severally, within 30 days of this order. CH Realty is required to pay an additional $60 in filing fees. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding...

Excerpt: ...15, 16, 18, 20 The following objections are sustained: 1, 2, 3, 17, 19 2. Defendant's Objections to Declaration of Eris J. Barillas: The following objections are overruled: 1, 2, 3, The following objections are sustained: n/a Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summa...

Excerpt: ...r v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7...

Excerpt: ...rgaret Burns, R.N.; and (3) Patricia Nwajuaku, M.D. only, and denied as to the rest of the depositions at issue in this motion. Legal Standard The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to¿a motion for protecti...

Excerpt: ... concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adjudications. (See Todd‐Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) A Notice of Motion to consolidate cases must (1) include a list of all named ...

Excerpt: ...e action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be sign...

Excerpt: .... (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp....

Excerpt: ...” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the application must be made within a re...

Excerpt: ...tain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP sec...

Excerpt: ...otographs taken of Plaintiff by Pontaza. Legal Standard Protective Order CCP section 2025.420(a) provides that “[b]efore . . . a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarran...

Excerpt: ...“A lien in favor of an attorney upon the proceeds of a prospective judgment in favor of his client for legal services rendered has been recognized in numerous cases.” (Cetenko v. United California Bank (1982) 30 Cal.3d 528, 531.) “In California, an attorney's lien is created only by contract – either by an express provision in the attorney fee contract or by implications where the retainer agreement provides that the attorney is to look t...

Excerpt: ...ther natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) In fashioning a protective order, a court has the discretion to, among other things, order “[t]hat the deposition not be taken at all,” “[t]hat the deposition be taken only on certain specified terms and conditions,” or “[t]hat the deponent's testimony be taken by written, instead of oral, e...

Excerpt: ...rties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.” Discussion Defendant mov...

Excerpt: ... The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Code Civ. Proc. § 36(a). To make the findings required by CCP section 36(a), evidence must be provided with the motion for preference establishing Plaintiff's age and the relevant conditions of her health warranting a preference. An affidavit submitted in support of section 36(a) “may be signed by the attorney for t...

Excerpt: ..., and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after consider...

Excerpt: ... service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was proper” but only if it “complies with the statutory requirements regarding such proofs.” (Id. at 1441- 1442.) When a defendant moves to quash service of the summons and complaint, the plaintiff has ...

Excerpt: ...y is enforceable by a motion to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attendance of a witness . . . the court, upon motion reasonably made … or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, includi...

Excerpt: ...n to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attendance of a witness . . . the court, upon motion reasonably made … or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (C...

Excerpt: ...egligence arising out of a dog attack that occurred on June 18, 2019. On June 23, 2022, Defendant Sama Lakes, LLC filed a Motion To Continue Trial. On July 11, 2022, Plaintiff Anallely Mendoza Trejo filed an opposition Defendant's Motion to Continue Trial. On July 15, 2022, Defendant filed a reply to Plaintiff's opposition. Trial is set for October 20, 2022. PARTY'S REQUEST Defendant Sama Lakes, LLC moves this Court for an order continuing the cu...

Excerpt: ...ect premises located at 1 World Way, Los Angeles, Ca 90045 (hereinafter “subject premises”), and due to their negligence, allowed a liquid substance to remain on the floor, ultimately leading to Plaintiff's injuries. (FAC, p. 4). Judicial Notice The Court takes judicial notice that Defendant Los Angeles World Airport (“LAWA”) is a department of The City of Los Angeles, a public entity, and that the same owns and operates the Los Angeles I...

Excerpt: ... natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (C.C.P., § 2025.010.) “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, empl...

Excerpt: ...fendant Ramin Noorollah, erroneously sued as Noorllah Ramin, (“Defendant”) asserting the following causes of action: (1) Motor Vehicle Negligent and (2) General Negligence. On April 15, 2022, Plaintiff filed the instant motion to compel authorization for release of mobile phone records. On June 10, 2022, Defendant filed his opposition. On June 15, 2022, Plaintiff filed her reply. Legal Standard “A subpoena duces tecum for personal records m...

Excerpt: ...on On June 1, 2022, Jabbour filed the instant demurrer. Thereafter, Plaintiff filed her opposition papers on July 6, 2022. In response, Jabbour filed his reply on July 12, 2022. Legal Standard As a general matter, in a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading alone, and not on the e...

Excerpt: ....App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone an...

Excerpt: ...aph 5 of the Prayer. The motion to strike punitive damages is DENIED as moot as to Paragraph 52 of the Fourth Cause of Action for Strict Product Liability. Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2...

Excerpt: ... her mistake, inadvertence, surprise, or excusable neglect.” (CCP §473(b).) Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (...

Excerpt: ...rt shall stay or dismiss the action in whole or in part on any conditions that may be just.” Code of Civil Procedure section 418.10 states, in relevant part: “(a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one of more of the following purposes: . . . (2) to stay or dismiss the action on the ground of inconvenie...

Excerpt: ...everally, within twenty 30 days of this order. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residen...

Excerpt: ...or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220.) Pursuant to CCP § 2032.220(b), this demand may be made “without leave of court.” The demand shall identify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the physician who wil...

Excerpt: ...tled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on co...

Excerpt: ... sections 815.2, 815.4, 815.6, 820, 840.2, and the phrase “inter alia” from Plaintiff's first cause of action for premises liability/dangerous condition of public property. The motion to strike as to the second cause of action is DENIED as MOOT. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations...

Excerpt: ...any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the att...

Excerpt: ...a Hidalgo is ordered to pay $300 in sanctions to Defendant Jacob Santos within 30 days of this order. Legal Standard Terminating Sanctions CCP section 2023.030 provides that, "[t]o the extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engagi...

Excerpt: ..., for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions: … (6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210. (c) If the motion for a pro...

Excerpt: ... liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedi...

Excerpt: ...y, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the d...

Excerpt: ...ng the same facts. [¶] ‘There may be cases where the requirement that a criminal defendant participate in a civil action, at peril of being denied some portion of his worldly goods, violates concepts of elementary fairness in view of the defendant's position in an inter-related criminal prosecution. On the other hand, the fact that a man is indicted cannot give him a blank check to block all civil litigation on the same or related underlying s...

Excerpt: ...ter and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer ...

Excerpt: ... paid within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of i...

Excerpt: ...or organization may promptly move for a protective order.” (CCP § 2025.420(a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) In fashioning a protective order, a court has the discretion to, among other things, order “[t]hat the d...

Excerpt: ...do Gonzales Gutierrez in the amount of $473.30 to be paid within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that n...

Excerpt: ... this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was prop...

Excerpt: ... section 377.32 provides that a person who seeks to commence such an action as the decedent's successor in interest must file an affidavit or declaration providing the following: 1. The decedent's name 2. The date and place of the decedent's death 3. “No proceeding is now pending in California for administration of the decedent's estate.” 4. If the decedent's estate was administered, a copy of the final order showing the distribution of the d...

Excerpt: ...l; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time, or delay of trial due to an...

Excerpt: ... all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies onl...

Excerpt: ...rning any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to ...

Excerpt: ...ection 377.32 provides that a person who seeks to commence such an action as the decedent's successor in interest must file an affidavit or declaration providing the following: 1. The decedent's name 2. The date and place of the decedent's death 3. “No proceeding is now pending in California for administration of the decedent's estate.” 4. If the decedent's estate was administered, a copy of the final order showing the distribution of the dec...

Excerpt: ...bpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. Any other consumer or nonparty whose...